IBFD Course Programme Current Issues in International Tax Planning

Transcription

1 IBFD Course Programme Current Issues in International Tax Planning Amsterdam, June 2017

2 Summary This intermediate-level course provides participants with an in-depth understanding of the current discussions relating to international tax planning. Participants of the course will also be given the opportunity to explore the latest legislative changes in the international tax arena and to discuss their concerns and potential responses. Overview and Learning Objectives Subsequent to the publishing of the final BEPS Report on 5 October 2015, the implementation and the impact of the different BEPS measures are key elements of the work ahead. In this course we are looking at the most recent updates, the current status and the prospects regarding international tax planning. Our focus areas throughout the course will include the following: current trends in post-oecd BEPS international tax planning, including the review and monitoring of the OECD BEPS measures, an update on the EU developments and a brief look at the recent developments in Africa, the Middle East, Latin America and Asia-Pacific; the effectiveness of anti-avoidance measures such as GAARs, CFC regimes, thin capitalization rules and treaty anti-abuse rules; tax treatment of related-party debt financing, captive insurance and other intra-group financial transactions; international tax considerations of mismatches in entity and instrument characterization; international tax aspects of transactions involving intangibles; recent developments concerning transfer pricing; the OECD BEPS impact on advance tax rulings and the latest update on EU State aid investigations; and the most recent update on the multilateral instrument and its impact on international tax planning involving tax treaties. Who Should Attend? The course is suitable for practitioners in tax advisory firms, tax specialists in commerce and industry, and government officials. Course Level and Prerequisites This is an intermediate-level course. Participants will be expected to have a basic knowledge of the tax system of at least one country. 2

3 Day Registration Welcome and IBFD Overview Current Trends in Post-OECD BEPS International Tax Planning BEPS outcome: a success or the creation of chaos? Review and monitoring of BEPS implementation Local country initiatives Break Refreshments Countering Aggressive Tax Planning From an EU Perspective EU developments before and after the BEPS initiative EU anti-tax avoidance agenda and tax transparency Corporate Tax Reform Package/Common Consolidated Corporate Tax Base (CCCTB) Anti Tax Avoidance Directive (ATAD) Anti Tax Avoidance Package (ATAP) Tax Transparency Package Relevant ECJ case law Lunch Current Issues in International Tax Planning The MNE s Business Perspective Uncertainties or concerns from the MNE s tax planning perspective Actions (e.g. review of the structure, compliance with transparency, CbC reporting, adjustments of tax planning structures) Break Refreshments International Tax, Financial and Offshore Centres Reactions to BEPS From an international tax, financial and offshore centres perspective what are the reactions to BEPS? A brief look at the tax developments in i.a. India, Hong Kong, Singapore, Dubai/Qatar and Mauritius 3

4 Day Permanent Establishments and Their Relevance in International Tax Planning International tax planning structures and the exploitation of the PE concept Outcome of BEPS Action 7 BEPS impact on tax planning involving: fragmentation of activities split-up of contracts commissionaires and agency PEs BEPS Action 7 and the attribution of profits to PEs Public Discussion Draft Additional Guidance on the Attribution of Profits to PEs unilateral domestic responses to PE abuse such as the diverted profit tax Break Refreshments (including library tour) Update on Tax Planning for Holding and Financing Activities Goals and objectives of holding/finance companies Examples of common holding/financing structures Captive insurance companies and their use in tax planning When is the use of a holding/finance/captive insurance company unacceptable? The importance of substance Harmful tax practices (HTP) and their relevance for tax planning Legislative answers to HTP and their impact on financing/holding activities CFC rules thin capitalization rules anti-tax haven rules Limiting base erosion: BEPS Action 4 and EU ATAD Examples and cases Lunch The End of Tax Structuring through Hybrid Entities and Hybrid Instruments? Common examples of hybrid instruments/hybrid entities Tax structures involving use of hybrid instruments or hybrid entities Possible ways to deal with hybrids: BEPS Action 2 and EU ATAD1 and ATAD2 examples of treaty responses to hybrid mismatches domestic law responses to hybrid mismatches Break Refreshments Case Study 4

5 Day The Future of Transfer Pricing Summary of BEPS Actions 8-10 application of the new OECD Guidelines on Chapter I, risks analysis and comparability factors transfer pricing and the importance of substance transfer pricing documentation and CbC reporting effects of post-beps TP methodology on supply chain analyses low-value-added services examples and cases Break Refreshments Current Update on Tax Planning for Intangibles (and R&D Activities) Different types of tax-efficient IP Models royalty model cost sharing model principal model When is tax planning for intangibles considered aggressive? Transfer pricing and IP defining and identifying intangibles migration of intangible property Choice of location in the creation and exploitation of intangibles Practical examples Lunch Impact of OECD BEPS on ATRs and the Latest Update on EU State Aid Investigations Advance tax rulings (ATRs) and their relevance for multinationals ATRs post BEPS Reflection on the European Commission s position on State aid analysis of the State aid cases Break Refreshments Multilateral Instrument and Its Impact on International Tax Planning Involving Tax Treaties The role and legal status of the multilateral instrument (MLI) The relationship between the MLI and double tax treaties Modus operandi of the MLI 5

6 Summary of MLI provisions on: hybrid mismatches treaty abuse avoidance of permanent establishment status improving dispute resolution arbitration Reservations and alternative options Procedural rules, treaties covered, potential controversies, interpretation issues 6